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527 SMITH STREET BROOKLYN CORP. v. BAYSIDE FUEL OIL DEPOT CORPORATION

262 A.D.2d 278 (1999)

691 N.Y.S.2d 560

527 SMITH STREET BROOKLYN CORP., Appellant, v. BAYSIDE FUEL OIL DEPOT CORPORATION, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 1, 1999.

Ordered that the order is affirmed, with costs.

As a general rule, the provisions of a contract for the sale of real property are merged in the deed and, as a result, are extinguished upon the closing of title. However, this rule does not apply where there is a clear intent evidenced by the parties that a particular provision will survive delivery of the deed or where there is a collateral undertaking (Goldsmith v Knapp, 223 A.D.2d 671

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